The first petitioner claims to be the owner of the property having an extent of 33 cents comprised in survey No.1514/1 of Nadma village. The second and the third petitioners are the vendors of the property. It is submitted that this property is erroneously included as converted wet land in the draft data bank. It is admitted that this property is classified as Nilam in the Basic Tax Register. Petitioners rely on Exts.P5 and P6. Ext.P5 is the communication of the senior town planner. It is stated in Ext.P5 that this property is located in a residential zone. As per Ext.P6 proceedings dated 29/1/2008 the Municipality recommended for issuing development permit on the condition that the petitioners should remit Rs.5,000/- per cent towards development fee. W.P.(c).No. 10362 of 2009 : 2 :
However, no orders have been passed by the District Collector. The petitioners submitted that they have already remitted necessary fees as per Ext.P7. It is submitted that the Municipality rejected the petitioners' application for permit on the ground that Act 28 of 2008 came into force on 12/8/2008. It is to be noted that the authorities have no case that the petitioners converted the land by contravening the provisions of Act 28 of 2008. No action is seen taken against the petitioners for violating the provisions of Act 28 of 2008. On the other hand, as revealed from Exts.P5 to P7, this land is located in the residential zone and the petitioners have taken steps to obtain necessary development permit.
2. It is stated in the counter filed by the 2nd respondent that property is classified as partly converted land in the Draft Data Bank. In view of the facts and circumstances as above, I am of the view,petitioners shall approach the Local Level Monitoring Committee to correct the entry relating to the petitioners' property. if the property is converted before Act 28/2008, the Local Level Monitoring Committee after conducting W.P.(c).No. 10362 of 2009 : 3 :
inspection shall make necessary corresponding changes in the Draft Data Bank based on the finding on inspection.. The petitioners shall approach the Local Level Monitoring Committee in this regard within two weeks from the date of receipt of a copy of this judgment. Thereupon, after hearing the petitioners and the party respondents, necessary action shall be taken to correct the entries in the draft data bank within six weeks from the date of receipt of the petitioner's request.
3. After entries are corrected, the petitioners shall approach the Revenue Divisional Officer, in terms of Clause 6 of the Land Utilisation Order, within three weeks from the date of correction by the Local Level Monitoring Committee. In view of the fact that the property is located in a residential zone, permission shall be granted to the petitioners to utilise the land for other purposes . Revenue Divisional Officer shall grant such permission based on the decision of the Local Level Monitoring Committee within a period of four weeks from the date of receipt of petitioners' request in this regard.
4. If the Revenue Divisional Officer grants permission to W.P.(c).No. 10362 of 2009 : 4 :
the petitioners in terms of Clause 6 of KLUO, the respondent- Municipality shall consider the petitioners' application for building permit without further delay in accordance with law.
The writ petition is disposed of with the above directions.
Sd/- A.MUHAMED MUSTAQUE, Judge.
dpk /true copy/ P.S. To Judge.